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Legal challenges in rideshare personal injury cases in Indiana

On Behalf of | Jul 4, 2024 | Personal Injury |

Rideshare services like Uber and Lyft have become a popular mode of transportation. However, accidents involving these vehicles can present unique legal challenges. When you’re involved in a rideshare accident in Indiana, it’s crucial to understand the complexities that might arise.

Determining liability

One of the main issues in rideshare accidents is determining who is at fault. Liability could fall on different parties, including the rideshare driver, another driver, or even the rideshare company. 

The status of the rideshare driver at the time of the accident is critical. Were they waiting for a ride request, on their way to pick up a passenger, or transporting a passenger? This can influence who handles damages.

Insurance coverage

Insurance in rideshare accidents is complicated. Rideshare companies provide insurance coverage for their drivers, but this varies depending on the driver’s status. If the driver is not logged into the app, their personal insurance applies. 

When the driver is waiting for a ride request, the rideshare company’s contingent liability coverage might come into play. Once the driver accepts a ride, higher coverage limits apply.

Indiana-specific laws

Indiana has its own set of rules and regulations regarding insurance and liability. Some key aspects include:

  • Fault-based system: Indiana follows a fault-based insurance system. It means that the party at fault in an accident handles paying damages. 
  • Comparative fault rule (51% fault): Indiana uses a comparative fault rule. If you are partially at fault for the accident, the court can reduce your compensation by your percentage of fault. Also, if you are more than 50% at fault, you cannot recover any damages.
  • Statute of limitations: You have two years from the date of the accident to file a lawsuit.

Moving forward

Navigating a personal injury case involving a rideshare vehicle can be daunting due to the multiple layers of liability and insurance. Being informed and prepared can help you manage the complexities of these cases.

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